Terms and Conditions
Please read these Terms & Conditions carefully, as they set out our and your legal rights and obligations in relation to our services. By accepting the quotation, paying the deposits required and the contract starting, the client is deemed to accept all of the terms and conditions listed below as well as the signing of Contracts and Payment Schedule – supplied separately.
1. Scope of work
1.1 The work as detailed shall be carried out to the standard a reasonable person can expect.
1.2 If there is any discrepancy between any specification and any drawing, the description contained in the specification shall prevail over the drawing.
1.3 The client is to indicate the line of the boundaries, underground cables and pipes before work commences and Positive Green Spaces (PGS) accepts no liability whatsoever for any losses or future disputes which the client may have with the owner(s) of neighbouring properties or other parties as a result of works which it carries out on or within the boundaries, cables or pipes that the client has indicated to us.
1.4 The client is solely responsible for obtaining any planning permission required, including the preparation and submission to the local authority of any necessary applications. PGS takes no responsibility for loss or damages incurred as a result of failed planning permission or the client requiring planning permission in retrospect.
1.5 This quote excludes: excavation of/in rock removal of any concrete deeper than 150mm thick; filling of wells, mines or shafts; removal of any air raid shelters; removal of asbestos; removal of any chemicals; removal or grinding of any tree stumps and the re-routing of any services unless otherwise specified.
Quotation and payment
2.1 All quotations are valid for 30 days only and may be subject to alteration after that date.
2.2 The quotation is a best estimate of price at the time of submission taking into account existing site conditions and layout at the time of viewing.
2.3 Acceptance of the quotation signifies acceptance of these terms and conditions of the contract documents and represents a binding contract between the parties. It should be noted that any subsequent cancellation by the client will involve the client being liable to a cancellation fee of £50 and any loss of expenses incurred by PGS.
2.4 Only the work described in the quotation is included; the supply of any other materials or labour costs to carry out such works other than stated within the quotation is excluded. Any alteration, modification or extras beyond the work specified in the quotation may be liable for an additional cost, which will be agreed by both parties prior to being undertaken.
2.5 No allowance is made in the quotation for any extra work required due to unknown, hidden or underground features.
2.6 PGS reserves the right to request the client to consider increasing the value of the contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond its control.
3.1 The client accepts that he/she will pay PGS the full contract sum (all costs incurred) together with any Value Added Tax properly chargeable upon the contract.
3.2 Payment terms:
30% of total estimate value is required before works commencing.
Where works value exceed £5000, a schedule of interim payments will be agreed prior to works commencing.
On completion the client will be required to sign off the works , and the remaining balance paid within 7 days.
3.3 The client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate.
3.4 Unless otherwise stated payments are due 7 days following receipt of invoice.
If the invoice is not settled within 14 days PGS reserves the right to charge daily interest at 2% until full payment is received.
3.5 Materials need to be purchased in advance and will form part of the first stage deposit, payable one week in advance of the agreed start date. If this or any invoices, are not paid within fourteen days of being rendered the client will be deemed to be in default and therefore in breach of contract. PGS will then be entitled to cease work and remove all materials remaining unused on the site and recover from the client his whole loss and expenses arising out of the said default by the client.
3.6 In the event it is necessary to institute legal recovery of the outstanding sum the client will be liable to pay PGS’s legal fees in full.
3.7 In the event that a change in materials from that already delivered on-site is required as a result from a subsequent client change of mind, the client will be solely responsible for payment of all additional costs.
4. The site
4.1 The client commits to granting sufficient and reasonable access to the site throughout the period of execution of the contract.
4.2 Access to water and electricity services will be provided by the client at no additional cost to PGS.
4.3 PGS shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use. The client is responsible for all tools and machinery on site once PGS staff and subcontractors have left site after a working day.
4.4 PGS undertakes to make all reasonable endeavours to complete the work within a reasonable timeframe or by a specific date if so agreed. However, unforeseen circumstances such as weather may hinder progress, and PGS undertakes to keep the client informed.
5. Construction & Materials on Site
5.1 PGS always uses reputable high quality suppliers for the supply of plants, trees and shrubs; however, it is unable to guarantee their performance once it has left the site.
5.2 Natural products may show some colour and/or texture, spacial variations; therefore PGS cannot guarantee supplied materials are exact representations of any samples provided.
5.3 PGS will research and take the advice of the supplier as to the best way to lay/build with the material and the best adhesives and seals to use. If there are any problems arising with the product and the supplier advice has been taken PGS accepts no responsibility, except where it has been improperly installed by PGS.
5.4 Materials delivered to site and tools left on site become the responsibility of the client. The contractor accepts no responsibility for loss damage or expense after delivery of materials to site for any reason. Delivered plants if not planted immediately will be stowed in an agreed location within the client’s garden/property. At this stage responsibility for the loss or theft of these plants will rest with the client.
5.5 Wood is a natural product, and is therefore susceptible to certain changes in an outdoor environment. Extremes of temperature or weather conditions will cause a reaction. Certain conditions may cause products to split, lose shape or warp. This is natural and in all but the most extreme cases, normal shape will be resumed. PGS cannot be held responsible for the above taking place.
5.6 In extreme changes of weather conditions, certain plants and materials such as: terracotta, some natural stone and other paving can be affected, suffering damage if not protected. The client should take the necessary precautions to prevent damage as this is out of PGS’s control.
6. Maintenance after completion
6.1 All watering of plants, trees, shrubs and turf becomes the responsibility of the client once the contract has been completed and PGS cannot accept any responsibility for the survival once the contract has been completed.
6.2 PGS accepts no responsibility for any horticultural defects other than plants, trees and shrubs failing to break out into leaf unless a formal maintenance contract is entered into.
7.1 Our day rate is for 6 hours of work. Unless a fixed price quotation has been agreed prior to work commencing. We will apply the day rate or hourly rate plus materials and expenses to the clients invoice.
7.2 PGS does not remove green waste from sites to dispose of.
7.3 For regular maintenance work an invoice will be issued at the end of the month. Clients are requested to pay within 14 days of receipt of the invoice.
7.4 In the event of an Operative(s) unable to gain access at a previously agreed time, there will be a call out charge equating to a minimum of two hours rate.
8.1 PGS reserves the right to use any drawings, photographs or plans produced by us for any future publications or displays whilst ensuring the anonymity of the client.
Positive Green Spaces CIC company number is 11414091
Positive Green Spaces CIC has public liability insurance